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Old 2nd September 2012, 11:09 PM
Yakman Yakman is offline
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Default Refund?

I sold two small items of furniture on eBay in April 2011 (so nearly 18 months ago). The buyer paid via Paypal but then simply didn't collect the items despite many messages requesting him to do so. 4 months ago I was having a clear out and decided to donate the two items to a local charity (afterall I had already recieved money for them and didn't want to relist them). Last week the buyer contacted me and said he was now ready to collect the items or recieve a refund. I was very surprised to hear from him after such a long time, and I now obviously don't have the items. Do I have to refund his money after all this time? Thank you
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Old 3rd September 2012, 01:45 AM
ALewis ALewis is offline
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Default Re: Refund?

As far as I'm aware, though the buyer is taking the peanuts by leaving it for so long, the buyer would be entitled to either the items or the purchase price refunded.
The way I'm looking at it: law of contract states there must be: an offer & acceptance and then the consideration. The offer (or in this case the invitation to treat) had been accepted by yourself. And this should be followed by consideration (the money & the items).
The buyer has completed his end and given his consideration, however you have not. And no longer could do this, resulting in breach of contract and therefore entitling the buyer to his/her refund.

I know this must be highly frustrating being 18 months ago, but as far as I'm aware, this is the case.
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